anywhere from 2 weeks to 9 months. >> before we conclude, i want to say you have done an slept excellent job with this presentation. you have a better handle with the crime lab. you seem to have got a grasp of all the science involved. what's involved in both with law enforcement and the science side and the legal side when it goes before the court's. i have to tell you that you have done a great job. most people don't know this and i'm not going to embarrass you, but five years ago, you were an undercover with the dea working drug

enforcement and this shows how much you have come so far with the department. >> as commissioner hammer made significant progress on this issue but we have seen crisis intervention and there is constant demand with juries in our folks in san francisco expect the evidence that we can produce and the fact that we are using technology and signs in the best way possible. we are going to have to look at the crime lag lab to improve our time to go provide additional funding to be able to out source these. justice delayed especially for a victim of sexual assault. i know certainly under chief's leadership we can always do better and do more. i would

continue to support how this support is made and just not stop. >> in closing, the work is actually by the folks who do it. i have to give a heartfelt acknowledgment to now retired to you. the mayor's office, the budget people, city hr and the department of hr for getting this funding and the right people in place to create the program and to move this along and get the working relationship. you can see it at the microphone as they go in and out of each other the captain and you have a great handle on this. now the deputy chief is the commander of investigations when this got started. >> i also want to join everything that commissioner

loftus said in particular. i would like to ask you to submit sort of the giet gooid guidelines for the prioritization so i can get a clearer understanding of how we prioritize these situations and the different scenarios and the kit prioritization. >> i will make that available in the morning. >> i appreciate that. >> i appreciate your kind words and your patience. the people at the lab appreciate your support and they have one thing in common with this one member which is the care and they want to help. thank you. >> so before we move to the next agenda item i'm wondering if we can take a question, is it possible to have public

comment on it and then take a short break before we move into the occ report. and we get a break and we also hear public comment. is that okay? >> based upon commissioner's rms -- rms recommendation we are going to have public comment with reference to line items 3 a. >> good evening my name is heather marlow. in response to the presentation that was given i want to speak very briefly since now we are now two hours in about my experience dealing with the sf p.d. in regards to the sexual assault that happened to me. i was raped at

beta breakers on may 16, 2010, and i was drugged and raped by an unknown suspect. after the incident occurred, are i agreed to have a sexual assault kit taken at the san francisco general hospital and after four hour long examination i was told that my kit would be september to the crime lab within 72 hours and under the san francisco ordinance it would be processed best practices mandate processed within 14 days. i followed up with my inspector in order to apprehend the suspect who was then questioned and he told me,

the inspector told me that indeed my kit would be processed with the suspect's dna which was taken and would be processed within 14 days. i followed up ninety days later and they also told me that they would contact me. so i followed up ninety days later and was told that my kit was still in a cue and i was told that i would then need to follow-up six months later. so i followed up at the end of 2010 and i was told by a sergeant there that my kit, that the evidence from my suspect was not put with my kit and that it was still down at sf p.d. and they were going to have to match the evidence with my kit and they also told

me to follow-up within six months. so i followed up six months later and i was told that my kit was still not processed. that it was not a priority and that i needed to put it into my iphone to keep following up with somebody from sf p.d. every three months. so six moss later i followed up again and now we are talking i believe a year 1/2. i was told the same thing that i needed to follow-up within six months and at that point i got to a point where following up in person, following up over the phone, trying to attain any information was becoming very frustrating and retraumatizing because i was continually being told that my kit was not a

priority and i was drugged and raped by an unknown person which is at a citywide event to know that that's going on there was of concern to me and i thought it would be a high priority. when i followed up after two years, the inspect or told me that again it was not a priority and that it would eventually be tested but he couldn't tell me, he said it could be anywhere from two months to 20 years at that point where it would be process. i'm an artist and i was working at a wood shop conference and a woman saw my show and she said this was

absolutely absurd. she contacted commissioner loftus and within 14 days i heard back from somebody who processed my kit. but the 14 days that it was supposed to take for my kit to be processed turned into 868 days and i am very concerned that even though the inspector has said that in 2013 they have made a lot of changes and there is more staff on board to process these kits, i am concerned that there is still a backlog because why would my one kit just happen to slip through the cracks regardless of whether it's a known or unknown suspect. they both of these two men have just spoke

and said they do test every single kit within a 14 day to 9 month period and my kit far extended that timeframe and had i not had the influential activist who helped me to connect with commissioner loftus, i do believe that my kit would still be outstanding. so i don't really want to go on any further, but i wanted to draw this turn -- concern and it's a concern for me and the welfare of our whole city. >> thank you, miss marlow. >> thank you for your courage in coming here tonight. >> commissioners, from san francisco. i want to thank you

for this opportunity. following the presentation which the presenters and commission get unlimited time to make comments and ask questions those of us in the public only get three minutes and we have to get triage and talk about the items that are important and we get labeled as negative people who only focus on negative things. the fact is that one thing is more important and the other is not. first on mental health issues, i want to make an official sunshine records request for a copy of the handout that the commissioner chan gave to the other commissioners so i can be available on that on the crisis training. i have been here on three occasions where it was made clear that funding was

being cut. and i made it very clear that giving this training to officers given one more tool available for them to be able to have another way of dealing with the issue of a mental health issue rather than you reverting you to a weapon of some form. with reference to the sexual assault case, i can say nothing but the fact that the department obviously has made enormous gains. we have a five fold increase in the staff available to process these dna evidence issues and it does not surprise me to hear the young lady who spoke prior to me say in 2010 she was assaulted. there were only 4 people on the staff at that time and i'm sure there were a lot of cases that were lost in the cracks simply

because there were no staff available to test them properly. so i can't say anything but positive things about the staff and the effort have been clearly put in place to make this a priority and to get the testing done on a timely basis. i know it's a complicated process. and as far as giving a clear, this is the priority on every case. i understand the fact that if you are an investigator and you have multiple ways of substantiating what went on, it may not be a priority to have the dna now because you can get that some time in the next nine months and by the time it gets to court it's available and that allows you to prioritize where you don't have another method of identifying the perpetrator. that is a reasonable way of making priorities. >> is there any additional

public comment? seeing none, public comment is closed. we are going to take a brief recess before we move into line item 3 b. thank you. >> directors report. >> line item 3 b directors report discussion. review of recent activities and presentation of the occ 2012 annual report. >> i apologize for the delay. i know you have a large report to give. that's why we took a break before hand. >> good evening, members of the commission and chief sir. instead of repeat activity, i will move directly to the annual report. we have a

powerpoint presentation. this evening i will discuss the annual report for 2012. it was prepared by members of my staff including chris news skooe our information systems analyst and eric our acting deputy director chief investigators and franco, one of our attorneys, garm an, former chief vekt investigator who is now retired. dipole -- diana salazar our attorney who is an outreach coordinator and my executive assistant pam thompson. i would like to give

special recognition to chris since he is the one that prepared the statistics for the report and maintains the data base. this evening i will discuss the history admission of the occ, organizational and budget matters, investigations, state and national trend in law enforcement, policy analysis, immediate mediation and outreach. the occ was created by a board of supervisors initiate charter amendment but did not become operational since 1983. the occ is under the jurisdiction of the police commission. our responsibility

to investigate police commission duties. policies and recommendation. 2012 was my 5th year in o cc. the 2012 budget was implemented with one investigator position. providing with 13 journey level investigative position also known as 2184. we did have vacancy in 2012 and new hires and leaves of absence and all of which impacted service delivery. as of the close of 2012, one investigator was scheduled for an extended leave

of absence. a new investigator was in training and did not have a full load and there were two investigator vacancies. the occ has only two managers. it is a flat organization. the two managers are the director and the chief investigator. more than half of occ staff are investigators and the remainder of staff are attorneys and clerical staff. and 2012 the occ received 740 complaints. we investigated and made findings on 799 cases. we close all but 11 cases. the investigation unit also participated in community outreach. the investigation unit was led by now retired chief investigator

charles gaul goldman. to give you a picture of where the occ was in 2012 compared over 20 years case load summary from 1993, the 724 complaints is a 20 years deviation. the average is 962. 799 complaints represent a 13 percent deviation from the baseline. finally the 20 year average complaint closed annually is 946. the sustained complaints in

2012 included 49 complaints involving 50 officers. it's a 38 percent deviation from the 20 year baseline. the sustained rate last year was 6.1 percent. it was nearly a 1 percent decrease from 28.97. the lowest sustained rate in ten years. cases of note that were investigated by the occ in 2012 included 10 occupied investigation. they were completed last year. there were no findings, findings included improper conduct and not sustained. there were 2, 2011

single occupancy and they were under hold by investigators by authorities. the two new officer involved shooting complaints were received in 2012. for were close in 2012. in looking at the race and ethnicity of complaint ants, caucasian and african american, 26 percent complainants and they only represent 6 percent. latino and hispanics comprised 12 percent as asian americans comprised of the american complainants. the o cc is

staffed by investigators who speak several languages including tagalog, cantonese, mandarin, spanish. our case in takes in 2012, 98 were english and 1 percent in american sign language. the types of allegations that were received by the occ in at this included unwarranted action. about a third of the allegations, conduct reflecting discredit. close to a third. neglect duties and 3rd percent racial

and less than one percent. none of the unnecessary force allegations were sustained. 2069 allegations were made impact the 28 officers. of those 2069 allegations 57 percent were not sustained. 31 percent were proper conduct. 3 percent of the allegations were sustained, 4 percent unfounded, 3 percent no finding and 2 percent finding withdrawn. >> looking at sustained

allegations by type, by far neglect of duty allegations were the largest percentage. 63 percent of the sustained allegations . unwarranted action 16 percent. conduct reflecting discredit, 29 percent, neglect of duty 26 percent, unnecessariary force 9 percent. the o cc avoided a backlog in 2012. it closed all but four of it's 2011 case and those four cases were two officer involved shooting cases and two cases under criminal investigation. investigators closed 59 more cases than were

open. also contributing to the backlog avoidance was the lowest number of complaints filed in 20 years in at this. 2012. it's the lowest number of pending cases in 20 years. pending cases were 16 percent of a 20 year baseline of 2014 cases. 16 percent below. next. >> and looking at other factors that impact the filing of complaints with the occ, the police department had a decline in its staff by 3 percent between 2011 and 2012. calls for service dropped. for the

72 percent satisfaction rate with the police department from a chamber of commerce poll. complaints against the police department dropped by 30 percent in 2003-2012. looking at national trend, 4 percent statewide decreased and the anybody of reported citizens complaints against peace officers. filings have dropped in new york 20 percent, chicago 14 percent and albuquerque 31 percent. these are oversight agencies. investigators case loads were down from previous years but still not at the best

practices 16 cases per investigator. at the close of 2012 investigators had an average case load of 21 cases. the o cc's legal unit is headed by inez franco. it consist of two trial attorneys. the two trial attorneys sustainability reviews and prosecuted 15 cases involving 15 officers at 16 cases. in addition to the two trial attorneys, the attorneys on the legal unit include a policy analyst and the mediation and outreach coordinator donna salazar. the other trial attorney is manny

fort. the policy analysis work done by sam marm rooen in 2012 on the prohibition on the use of past keys in hotels including police calls involve mentally ill, amending firearms review, revise policy and also an amendment to the use of force policy to include complaints of pain. in mediations led by donna salazar we have an award winning mediation program. it's been recognized both locally and is

recognized nationally. last year, 62 cases were mediated by mediators. those two cases represent more than one case load. they represent cost savings and greater satisfaction for complaints and officers. donna salazar also manages the occ's outreach program and the occ's community outreach strategic plan is is the first of it's kind nationally. in the area of outreach, occ staff, investigators and attorneys and other staff participated in community presentations, distribution of brochures, by working with community groups on language access and juvenile

protocol issues. engaging and training in providing presentations for the national association for the civilian law enforcement national training conference. started o cc online filing complaint project in 2012. and we anticipate the completion on the launch of our online complaint at the end of the second quarter. because our information technology is a one person unit, many things pushed deadlines out if the server goes down, individuals have